Professional Documents
Culture Documents
PRINCIPLES
LABOR LAW and SOCIAL LEGISLATIONS 2005 BAR EXAMINATION QUESTIONS and ANSWERS
Questions
Answers
Rights of
Manageme
Benefits
Unilateral Little Hands Garment Company, an
ALTERNATIVE ANSWER:
the
nt
ly Given
unorganized manufacturer of
(b) Yes, because it is suffering
Employer
Prerogative
childrens apparel with around 1,000 losses for the first time;
workers, suffered losses for the first
(c) Yes, because this is a
time in history when its US and
management prerogative
European customers shifted their
which is not due any legal or
huge orders to China and
contractual obligation; An
Bangladesh. The management
employer cannot be forced to
informed its employees that it could
continue giving a benefit,
no longer afford to provide
being given as a management
transportation shuttle services.
prerogative, when it can no
Consequently, it announced that a
longer afford to pay for it. To
nominal fare would be charged
hold otherwise, would be to
depending on the distance traveled
penalize the employer for his
by the workers availing of the
past generosity. (Producer's
service.
Bank of the Philippines v.
NLRC, G.R. No. 100701,
Was the Little Hands Garments
March 28, 2001)
ALTERNATIVE ANSWER:
Company within its rights to
(d) No, because this amounts
withdraw this benefit which it had
to a diminution of benefits
unilaterally been providing to its
which is prohibited by the
employees?
Labor Code;
(e) No, because it is a fringe
Select the best answer(s) and briefly
benefit that has already
explain your reason(s) therefor.
ripened into a demandable
right or entitlement. A
(a) Yes, because it can withdraw a
company practice favorable to
benefit that is unilaterally given;
employees had indeed been
(b) Yes, because it is suffering losses established and the payments
made pursuant thereto,
for the first time;
ripened into benefits enjoyed
(c)
Yes,
because
this
is
a by them. And any benefit and
management prerogative which is supplement being enjoyed by
not due to any legal or contractual the employees cannot be
obligation;
reduced, diminished,
discontinued or eliminated by
(d) No, because this amounts to a
the employer by virtue of
is
LABOR
RELATIONS
CBA
Certificatio
n Election
Coverage
Non-Union
Members
Religious
Sect
SUGGESTED ANSWER:
No, the CBA provision is not
valid. The benefits of a CBA
are extendible to all
employees regardless of their
membership in the union
because to withhold the same
from non-union members
would be to discriminate
against them. (National
Brewery & Allied Industries
Labor Union of the Philippines
v. San Miguel Brewery, Inc.,
G.R. No. L-18170, August
Wage
Increase
Coverage;
Non-Union
Employees
31,1963)
SUGGESTED ANSWER:
No. The right to join includes
the right not to join by reason
of religious beliefs. Members
of said religious sect cannot
be compelled or coerced to
join the labor union even
when the union has a closed
shop agreement with the
employer; that in spite of any
closed shop agreement,
members of said religious sect
cannot be refused
employment or dismissed
from their jobs on the sole
ground that they are not
members of the collective
bargaining union. (Victoriano
v. Elizalde Rope Workers'
Union, G.R. No. L-25246,
September 12,1974)
SUGGESTED ANSWER:
Yes, because the bargaining
representative (union) does
not act for its members alone.
It represents all the
employees covered by the
bargaining unit. (Mactan
Workers Union v. Aboitiz, G.R.
No. L-30241, June 30, 1972)
LABOR
STANDARDS
ULP
Subject to
Criminal
Prosecution
Employme
nt
Radio-TV
Show Host
Expiration
of Term
ALTERNATIVE ANSWER.
As a radio-TV talk show host,
Ms. Vartan is performing an
activity which is necessary
and desirable in the usual
trade or business of XYZ
Entertainment Network.
Hence, Ms. Vartan is a regular
employee and cannot be
terminated except for cause
and only after due process.
The cancellation of the
program is tantamount to
closure but XYZ
Entertainment Network did
not comply with the
procedural requirements of
law, i.e., 30 days notice to Ms.
Vartan and to DOLE prior to
the intended date of
termination.
ALTERNATIVE ANSWER:
As counsel for the talk show
host, I will argue that she is a
regular employee. First, she
performs job that is necessary
and desirable to the nature of
the business of the employer;
Second, she serves for at least
one (1) year which is an
Employme
nt
Women
Sexual
Harassme
nt Act
indication of regular
employment.
SUGGESTED ANSWER:
I will hold Mr. Perry Winkle
guilty of sexual harassment.
This resolution is predicated
mainly upon the following
considerations:
(1) Mr. Perry Winkle
exercises authority,
influence or moral
ascendancy over
Carissa;
(2) Mr. Winkle's
insistence in inviting
Carissa "to spend the
night with him in his
rest house" implies a
request or demand for
a sexual favor;
(3) Mr. Winkle's
warning clearly
manifests that the
refusal of the sexual
favor would jeopardize
Carissa's continued
employment; and
(4) Mr. Winkle's
invitation for a sexual
favor will result in an
intimidating, hostile, or
otherwise offensive
working environment
for Carissa.
Carissa is correct in stating
that there was no need for
prior referral to the
Committee on Decorum and
Recruitme
nt and
Placement
Illegal
recruitment
to
economic
sabotage
Large Scale
Illegal
Recruitmen
t
Wages
Holiday Pay
ALTERNATIVE ANSWER:
With the execution of the
affidavit of desistance by the
complainants and the refund
made by Maryrose, the case
against her for large scale
illegal recruitment will surely
fail.
SUGGESTED ANSWER:
If unworked, the covered
Working
Hours
Compresse
d Work
Week
TERMINATION
OF
EMPLOYMENT
Dismissal
Just Cause
Independe
nt
Contractor
SUGGESTED ANSWER:
I will dismiss Antonio's claim
for overtime and other
benefits for lack of merit as
against Yosi. In legitimate job
contracting, the principal
employer (Yosi) becomes
Employee
Payroll
Reinstatem
ent
Contractual
Worker
vs.
Casual
Worker
Employee
Project
Employees
vs.
Casual
Employees
Employee
Regular
Employee
Constructi
ve
Dismissal
Retiremen
t
Optional
Retirement
SOCIAL
LEGISLATION
S
GSIS
Death
Benefits
Dependent
24-hour
Duty Rule
ALTERNATIVE ANSWER:
Yes, because under the law, a
dependent is one who is a
legitimate spouse living with
the employee. (Article 167[i],
Labor Code) In the problem
given, Zhop had been
abandoned by Odeck who was
then living already with
another woman at the time of
his death. Moreover, Odeck
Paternity
Leave
Maternity
Leave
SSS;
GSIS;
Beneficiali
ty;
Portabilit
y
Provision
s of RA
7699